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There are inherent challenges in finding ways to best describe people. Because of the diversity of approaches to defining a mental health issue or an addiction, people may identify in many different ways. Terms that define groups and individuals with disabilities evolve as a result of the social and political climate and what is considered appropriate. Terms to describe people with mental health issues or addictions can reflect underlying negative views and stereotypes, and continued inequality, or they can promote acceptance, inclusion and human rights.  

The OHRC’s previous work on disability has addressed discrimination against persons with mental disabilities and/or addictions. The OHRC’s Policy and guidelines on disability and the duty to accommodate (Disability Policy)[16] recognizes that people with mental disabilities face a high degree of stigmatization and significant barriers to employment opportunities.

From 2009 to 2011, the Ontario Human Rights Commission (OHRC) consulted on its mental health strategy with over 1,500 concerned individuals and groups, including approximately 1,000 people with mental health issues or addictions, as well as employers, service providers, housing providers, advocates, families and others.

For immediate release Toronto – A new policy, released today, aims to provide user-friendly guidance on how to define, assess, handle and resolve human rights issues related to mental health and addiction disabilities. The Policy on preventing discrimination based on mental health disabilities and addictions was released by the Ontario Human Rights Commission (OHRC).

The following are some examples of discriminatory practices against people with psychosocial disabilities that mark an unfortunate part of Canada’s history. Many of these practices still have a profound impact on people’s sense of inclusion and their ability to exercise their rights today. People with mental health disabilities or addictions and others have responded to many of these issues by actively seeking changes to laws and policies to achieve social justice.

The ultimate responsibility for maintaining an environment free from discrimination and harassment rests with employers, housing providers, service providers and other responsible parties covered by the Code. It is not acceptable to choose to stay unaware of discrimination or harassment of a person with a mental health disability or addiction, whether or not a human rights claim has been made.

For more information on the human rights system in Ontario, visit: www.ontario.ca/humanrights The human rights system can also be accessed by telephone at: Local: 416-326-9511 Toll Free: 1-800-387-9080 TTY (Local): 416-326 0603 TTY (Toll Free) 1-800-308-5561 To file a human rights claim (called an application), contact the Human Rights Tribunal of Ontario at:

Many people with psychosocial disabilities do not have difficulty with decision-making capacity. However, there may be times in a person’s life when, due to their disability, they are deemed to lack the capacity to make important life decisions.[269] In general, a person is deemed to have capacity if they are able to understand the information that is relevant to making a decision and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.[270]

While the Code specifies that there are only three factors that will be considered when determining whether the test for undue hardship has been met (cost, outside sources of funding and health and safety issues), in some cases, courts and tribunals have recognized that even where these three factors are not at issue, there is not a limitless right to accommodation.[257] There may be other narrow circumstances where it may not be possible to accommodate a person’s addiction or mental health disability.

Organizations covered by the Code have a duty to accommodate to the point of undue hardship. Accommodation need not be provided if it causes undue or excessive hardship. However, some degree of hardship is acceptable. The Code prescribes only three considerations when assessing whether an accommodation would cause undue hardship:

Under the Code, employers and unions, housing providers and service providers have a duty to accommodate the needs of people with psychosocial disabilities to make sure they have equal opportunities, equal access and can enjoy equal benefits. Employment, housing, services and facilities must be designed inclusively or adapted to accommodate people with psychosocial disabilities in a way that promotes integration and full participation.

There are different types of programs, laws and policies that target, serve or benefit people with disabilities, including mental health disabilities or addictions. These include programs, laws and policies that:

Section 8 of the Code protects people from reprisal or threats of reprisal.[146] A reprisal is an action, or threat, that is intended as retaliation for claiming or enforcing a right under the Code. 

Discrimination may take many different forms. For example, it may take place in a direct way. It can happen when individuals or organizations specifically exclude people in rental housing, employment or services, withhold benefits that are available to others, or impose extra burdens that are not imposed on others, without a legitimate or bona fide reason. This discrimination is often based on negative attitudes, stereotypes and bias about people with mental health or addiction disabilities.

The Code does not provide a definition of discrimination. Instead, the understanding of discrimination has evolved from case law. To establish prima facie discrimination (discrimination on its face) under the Code, a claimant must show that:

People with psychosocial disabilities are more likely to have low incomes than people without psychosocial disabilities, and many people live in chronic poverty. In the OHRC’s mental health consultation, as well as in its housing policy consultation, it heard a great deal about the links between mental health, addictions and societal factors such as poverty, homelessness, lower levels of education, inadequate levels of public assistance and other social supports, and a lack of affordable housing. For example, many people who have psychosocial disabilities receive public assistance.

Discrimination may be unique or distinct when it occurs based on two or more Code grounds. Such discrimination can be said to be “intersectional.” The concept of intersectional discrimination recognizes that people’s lives involve multiple interrelated identities, and that marginalization and exclusion based on Code grounds may exist because of how these identities intersect.

6.1 Ontario Human Rights Code 6.1.1 Protections Under the Code, people with mental health disabilities and addictions are protected from discrimination and harassment based on disability in five “social areas”:

An “ableist” belief system often underlies negative attitudes, stereotypes and stigma toward people with psychosocial disabilities. “Ableism” refers to attitudes in society that devalue and limit the potential of persons with disabilities. Ableism is

4.1 Mental health disability

June 2014 - Words can have a powerful effect on how society views people with mental health disabilities and/or addictions. The choice of words can promote acceptance and inclusion or can keep people on the margins of society.

June 2014 - People with mental health issues and addictions are a diverse group, and experience disability, impairment and societal barriers in many different ways. Disabilities are often “invisible” and episodic, with people sometimes experiencing periods of wellness and periods of disability. All people with disabilities have the same rights to equal opportunities under the Code, whether their disabilities are visible or not.

June 2014 - Discrimination in services may happen when a person experiences negative treatment or impact because of their mental health or addiction disability. Discrimination does not have to be intentional. And, a person’s mental health or addiction disability needs to be only one factor in the treatment they received to be able to show that discrimination took place. People with a mental health or addiction disability who also identify with other Code grounds (such as sex, race or age) may be distinctly disadvantaged when they try to access a service. Stereotypes may exist that are based on combinations of these identities that place people at unique disadvantage.

June 2014 - People with addictions have the same right to be free from discrimination as other people with disabilities. There is often a cross-over between addictions and mental health disabilities, and many people experience both. The Code also protects people from discrimination because of past and perceived disabilities. People with a mental health or addiction disability who also identify with other Code grounds (such as sex, race or age) may be distinctly disadvantaged when they try to find or keep housing. Stereotypes may exist that are based on combinations of these identities that place people at unique disadvantage.

June 2014 - Mental health profiling is any action taken for reasons of safety, security or public protection that relies on stereotypes about a person’s mental health or addiction instead of on reasonable grounds, to single out a person for greater scrutiny or different treatment. A “stereotype” is a generalization about a person based on assumptions about qualities and characteristics of the group they belong to.